EAD AND "H" STATUS

S

SHAMAL

Registered Users (C)
I have a question to all the gurus about the H status and EAD. I did ask this question a while back; however, reading a post on another website really scared me. Therefore, asking again.

I currently have a valid H1B visa (upto Sep 06) and have been working with the same employer since comning to the US. My wife has H4 also upto Sep 06. AOS applications are pending at NSC since May 2004. We both applied for EAD's when we filed AOS. Both our EAD's have expired and I do not want to renew them. I never used the EAD, and also my wife NEVER used the EAD, and does not intend to use it in the future. THE BIG QUESTION THAT I HAVE IS, IS IT ABSOLUTELY NECESSARY FOR US TO REBEW THE EAD's. The reason I am asking again is the following I read from another website (immihelp.com):

"I-485 denied

--------------------------------------------------------------------------------

Hi,

My petition(485) was denied on the reasons that I had a gap in my EAD years in which they claim I was working without a valid EAD for more than 180 days.

I was pregnant at the time and was not working for 180 days or more in reality as they claim. My attorney provided all the docs supporting this in the petition but apparently they did not read it.

My attorney has filed for a motion to reconsider with this reason elaborated. What do you think my chances are in this situation?
Please advise.

Thank you."


Also, HOW DOES USCIS KNOW THAT ONE USED THE EAD OR NOT?? Can USCIS CLAIM or ASSUME that since one applied for an EAD (and got it) the person worked using it and after its expiry continued to work unauthorised by not renewing it?


I would very much appreciate your responses. Thanks.
 
SHAMAL said:
Can USCIS CLAIM or ASSUME that since one applied for an EAD (and got it) the person worked using it and after its expiry continued to work unauthorised by not renewing it?
Click to expand...

They can claim whatever they want. In practice, it is exceptionally unlikely, especially if you can provide a W-2 transcript showing no income from other sources. My wife had an EAD, never used it, and never renewed it. There was no problem at all. If you do not wish to renew the EAD, do not do so and save your money.

I would suggest, however, that if you even suspect your job is in jeapordy that you get an EAD as a backup so you can get a new job (and invoke AC21) without visa sponsorship.
 
Thanks Real Canadian

Many thanks for your quick reply.

I have a very very stable job at a university I just got promoted and tenured (permanent job) to associate professor. So employment for me is rock solid.

Have a good weekend.
 
You must log in or register to reply here.
Top